Pushpalatha @ Latha v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2021 CORAM :
THE HONOURABLE Mr.JUSTICE G.ILANGOVAN 1.Pushpalatha @ Latha 2.Muthulakshmi @ Muthu ... Petitioners/Accused Nos.1 & 2 Vs.
1.The State represented by The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Melur Taluk, Madurai District.
2.The Inspector of Police, Melur Police Station, Melur, Melur Taluk, Madurai District.
(Cr.No.592 of 2021).
... Respondents 1 & 2/Complainants 3.Suseela ... 3rd Respondent/De-facto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai, to consider the petitioners' bail application and dispose the same on the same day, if the petitioners surrender before the III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai, for the case registered in Crime No.592 of 2021, on the file of the second respondent, dated 21.09.2021.
For Petitioner : Mr.P.Santhana Kishnan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
ORDER
This petition has been filed to direct the learned III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.592 of 2021 on the file of the 2nd respondent Police.
2.The petitioners are the accused Nos. 1 & 2 in Crime No.592 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC, r/w 1/3
Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and the injured person has been discharged from the hospital. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai, within a period of 15 days from the date of receipt of a copy of this order.
2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.
7.With the above observation, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (A.D I) // True Copy // / /2021 Sub Assistant Registrar(CS ) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai.
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2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Melur Taluk, Madurai District.
3.The Inspector of Police, Melur Police Station, Melur, Melur Taluk, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
01.10.2021 NSN(CO) RS/JGB (01.11.2021) 3P 5C 3/3